HomeMy WebLinkAboutRES.1892.06-02-2003 BILL NO. 03-85 RESOLUTION NO. I�Z
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH NIP KELLEY EQUIPMENT
COMPANY FOR THE RIVER FRONT TRAIL PHASE I, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Contract with Nip Kelley Equipment Company for the River Front
Trail Phase I, in the City of Cape Girardeau. A copy of said
Contract is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS Z'�1 DAY OF �,1e , 20�3_.
C ��_�.�'�--
Jay . Knudtson, Mayor
ATTEST:
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Gayle �� Conrad, City Clerk � ``��� ���� � �
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CITY OF CAPE GIRARDEAU
RIVER FRONT TRAIL PHASE I
TEA-21 ENHANCEMENT FUNDS STP-I500(009)
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 19� day of JUNE in the year 20�
by and between the City of Cape Girardeau,Missouri (hereinafter called OWNER) and Nip Kelley
Equipment Company, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article L WORK.
CONTR.ACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The work to be performed under these Contract Documents consists of the
construction of the first phase of a River Front Trail, located on the Mississippi River
side of the flood wall near Broadway that will extend southward a distance of 923 feet
along the river to a point near Merriwether Street. The work will require placing tie-
down structures, building concrete stairs and hand rails, installing sidewalk, curb and
ramps, placement of a kiosk and all other things necessary to complete the project as
indicated herein or as directed by the Engineer, for the City of Cape Girardeau.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within One Hundred Five( 105 ) calendar days after
the date when the Contract Times commence to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within One Hundred Twenty ( 120 ) days after the date when the Contract
Times commence to run.
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3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. They also recognize the delays, expense and difficulties
involved in proving the actual loss suffered by OWNER if the Work is not competed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two
Hundred Dollars $ 200 for each day that expires after the time specified in paragraph 3.1 for
Substantial Completion until the Work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time
specified in paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars $ 100 for
each day that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as indicated
in the bidding documents.
TOTAL OF ALL LJNIT PRICES: Four hundred nineteen thousand eight hundred twenty-two
dollars and fifty-nine cents ----------------------------------------------------------------($ 419, 822.59)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided
in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in
paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by
ENGINEER,on or about the l Oth day of each month during construction as provided in paragraphs
5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established
in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number
A-2
of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below,but, in each case, less the aggregate of payments previously made and
less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress of
the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case, the remaining progress
payments prior to Substantial Completion will be an amount equal to 100% of the
Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95%of the Contract Price(with the balance being retainage), less such amounts
as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of
the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest
at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTR.ACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents,
including "technical data".
A-3
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance and furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress,performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site(except Underground Facilities)
which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the
General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the
Supplementary Conditions of the extent of the "technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General
conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost,progress,performance or furnishing of the Work or which relate to any aspect of the means,
methods,techniques, sequences and procedures of construction to be employed by CONTRACTOR
and safety precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others
at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and
observation obtained from visits to the site, reports and drawings identified in the Contract
documents and all additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTR.ACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
7.8 CONTRACTOR is aware that no second-tier subcontracting will be permitted.
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Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages A-1 to A-7 inclusive).
8.2 Exhibits to this Agreement(pages BF-1 to BF-7 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits _and consisting of_pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title River Front Trail Phase I
8.8 Drawings.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR'S Bid(pages BF-1 to BF-7 , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _,
inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto: All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General
Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
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9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect to all covenants, agreements and obligations contained in the Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple
copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two
counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed
or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on JU�(E �q , 20 p3 (which is the Effective
Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR Nip Kelley Equipment Company,Inc.
-Doucu�s �.t.�suE,i,�►�a,h e,,�y MRN+�� _
•, er _
By: By: _ � � _-
[CO RATE SEAL] [CORPORATE AL] - �
Attest ` � � u- ��C� Attest .--�'1/`'—
Address for giving notices Address for giving notices
401 Independence Street 41 N. Sprigg Street
Cape Girardeau, MO 63703 Cape Girardeau, MO 63701
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
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EXHIBIT A
CITY OF CAPE GIRARDEAU
RIVER FRONT TRAIL PHASE I
TEA-21 ENHANCEMENT FUNDS STP-1 S00(009)
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvement consists of the construction of the first phase
of a River Front Trail, located on the Mississippi River side of the flood wall near Broadway that
will extend southward a distance of 923 feet along the river to a point near Merriwether Street. The
work will require placing tie-down structures, building concrete stairs and hand rails, installing
sidewalk,curb and ramps,placement of a kiosk and all other things necessary to complete the project
as indicated herein or as directed by the Engineer, for the City of Cape Girardeau.
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement
with OWNER in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid Price and within the Bid Times
indicated in this Bid and in accordance with the other terms and conditions of the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening.
BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds
and other documents required by the Bidding Requirements within fifteen days after the date of
OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda, TeCelpt Of alI WI11CI7 IS IleTeU}� aCICriOWleClgeC1: �List Addenda by Addendum Number and Date)
N/A
Pi�-1 r��•-bid
(b)BIDDER has visited the site and become familiar with and is satisfied as to the general, local and
site conditions that may affect cost,progress, performance and furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions
at or contiguous to the site and all drawings of physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site(except Underground Facilities)which have been
identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions.
BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which BIDDER
is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges
that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S
purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for
accuracy or completeness of information and data shown or indicated in the Bidding Documents
with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and
carefully studied(or assumes responsibility for having done so) all such additional or supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by BIDDER and
safety precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the determination
of this Bid for performance and furnishing of the Work in accordance with the times,price and other
terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the
site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.
(fl BIDDER has correlated the information known to BIDDER, information and observations
obtained from visits to the site, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies and data with the Contract
Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and conditions for performing and
furnishing the Work for which this Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any group
association, organization or corporation; BIDDER has not directly or indirectly induced or solicited
T?�F-2 re-bid
any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person,
firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for
itself any advantage over any other Bidder or over OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the following
price(s)
LJNIT PRICE BID
NO ITEM UNIT EST. UNIT TOTAL
Q'I'y. P�CE EST. PRICE
Construction of Trail
1. GRADING CY 735 $ 21 . 50 $ 15, 802. 50
2. AGGREGATE FILL CY 179.5 $ 3 3. 5 0 $ 6, 013. 2 5
3. AGGREGATE BASE SY 1,350 $ 8.00 $ 10, 800.00
4. 12" RPCC TRAIL SY 172 $ 70.00 $ 12,040.00
5. 6" RPCCTRAIL SY 1,243 $ 35.00 $ 43, 505.00
6. LANDING RPCC CY 61.46 $ 644.00 $ 39, 580. 24
7. STAIRS CY 12.58 $ 445.00 $ 5, 598. 10
8. RC BEAM(1'X3.5') LF 210 $ 69.00 $ 14,490.00
9. RC BEAM(1'X2.5') LF 230 $ 51 .00 $ 1 � 7'�0.00
10. 1'CURB (VARIABLE DEPTH) FOR LF 290 $ 2 9.7 5 $ 8, 6 2 7. 5 0
LANDINGS
11. RC RETAINING WALLS FOR CY 68.6 $ 597.00 $ 40, 954. 20
LANDINGS
40. 25 34, 212. 50
12. RIP RAP CY 850 $ $
13. RESTORE EXISTING HAND RAIL LF 508 $ 78.00 $ 39, 624.00
14. CONCRETE HAND RAIL LF 45 $ 18 5.0 0 $ 8, 3 2 5.00
15. TIE DOWN STRUCTURE EA 4 $15, 805.00 $ 63, 220.00
16. CLEATS EA 10 $ 990.00 $ 9, 900.00
17. SEED AND STRAW LS 1 $ 2, 500.00 $ 2, 500.00
I�I;-3 n�-hid
18. REMOVE AND REPLACE 4"PCC SY 455 $ 36.00 $ 16, 380.00
SIDEWALK
19. SIDEVvALK RAMPS EA 4 $ 900.00 $ 3,600.00
2U. 2' X 6"X 4' METAL INLET COVER EA 3 $ 300.00 $ 900.00
21. REMOVE AND REPLACE CURB LF 335 $ 25.00 $ 8, 375.00
AND GUTTER
TOTAL BID FOR RIVERFRONT TRAIL $ 396, 177. 29
KIOSK
1. PREPARE SITE(GRAI)E SITE) LS 1 $ 750.00 $ 750.00
2. CONSTRUCT CONCRETE SLAB (8' SY 8.9 $ 7 7•00 $ 6 8 5. 3 0
X 10' X8")
3. INSTALL PRE-FABRICATED LS 1 $5, 560.00 $ 5, 560.00
KIOSK: (PLACE RED TIN ROOF,
RAF"I'ERS AND DECKING)AND
INSTALL ELECTRIC CONDUIT
4. FURNISH AND INSTALL 16' X 18' LS 1 $4, 3 2 0.00 $ 4, 3 2 0.00
AREA OF RED BRICK PAVERS
WITH CONCRETE CURB AROUND
THREE SIDES
5. FURNISH AND INSTALL PARK EA 2 $1, 450.�0 $ 2,900.00
BENCHES
6. FURNISH AND INSTALL WASTE EA 2 $ 1 , 2 2 5. 00 $ 2,4 5 0.00
BASKETS
7. FURNISH AND INSTALL EA 6 $ 890.00 $ 5, ;:40.00
BOLLARDS
8. PURNISH AND INSTALL SIX FOOT LS 1 $ 990.00 $ 994.00
CEDAR DOG EARED PICKET
FENCE(18' LONG)
9. INSTALL FRAME AND ART WORK LS 1 $ 65C.00 $ 650.00
FURNISHED BY OTHERS (CEDAR
BOAR.D, 2 ALUMINUM BOARDS
ATTACHED, AND VINYL
GRA.PHICS ATTACHED TO THE
ALUMINUM BOARDS WITH POLY
GLASS ON TOP)
TOTAL BID FOR KIOSK $ 23, 645 30
I31�-4 rc-bi:j
TO'T.AI. BID FOR ALL UNIT PRICES . . . . . . . . . . . . . . $ 419, 8 2 2. 5 9
Four HUndred Nineteen Thousand Eight HUndred Twenty Two Dollars--
---------55/00 ----------
(Written figure)
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount
shown in words will govern. In case of error in extension, the unit and lump sum prices under each
Pay Item will be considered correct, and these sums when properly extended, shall constitute the
Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual
quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within One Hundred Five(105 )
calendar days after the date when the Contract Times commences to run as provided in paragraph
2.3 of the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within One Hundred Twenty(120 ) calendar days after
the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure
to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
7. Communications concerning this Bid shall be addressed to:
Name Vince Kelley
��
Address 41 �Nort�Y►. Sprigg St. , Cape Girardeau, MO 63701
(a) Performance and Payment Bonding Company
Name Merchants Bond� ng Companv
r�r-s ��-l��a
Address 2100 Fleur DRive, Des Moines, IA 5A321
Agent�Power of Attorney Name (if used) Donald Wasoba
21 Avocado Tree Cir. , St Peters, MO 63376
Address
8. Terms used in the Bid which are defined in the General conditions or Instructions will have the
meanings indicated iii the General Conditions or Instructions.
SUBMITTED on Ma� � � � 2�•
State Contractor License No. 0010575
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firni Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By (SEAL)
(Corporation Name)
Missouri
(State of Incorporation)
gy Vince Kelley (SEAL)
(Name of Person Authorized to Sign)
I'>I�-G r�•-i;i.;
�
,«oL;;�'.<c`�;';:': . President
<"��'�� � (Title)
.�� ��..� - -
:�Gu;�ic�.rate �.�a�j.
. ,; ��
Af t�;st ' '���
(Secretary Frank My s
���siness a�riress:'
Cape Girardeau, MO 63701
Phone No.: 573-334-0553
Date of Qualification to do business is
A Joint Venture
gy (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
13I'-7 rc-bid
I
. �
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ANTI-COLLUSION STATEMENT
STATE OF MISSOURI
CITY/COUNTY OF Cape Girardeau
Vince Kellev
, being first duly sworn, deposes and says that he is
President
Title of Person Signing
of Nip Kelley Equipment Co. , Inc.
Name of Bidder
that all statements made and facts set out in the proposal for the above project are true and correct;
and the bidder(The person, fum, association, or corporation making said bid)has not, either directly
or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action
in restraint of free competitive bidding in connection with said bid or any contract which may result
from its acceptance.
Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any
other bidder for the above project.
BY
BY
BY
Sworn to before me this /o? day of �Q.a , 2003
otary Pu ic �ppAM�i�p¢���,-
�r��, ..��� �o
My commission expires � �O •
. ti
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Submittall ���` '
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a : : -
r,v��
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6���u�aFiuiva�♦
� October 1977
CERTIFICATION REGARDING EQUAL OPPORTiJNITY AND AFFIRMATNE ACTION IN
SUBCONTRACTING
(1) Certification with regard to Performance of Previous Contracts or Subcontracts subject to the
Equal Opportunity Clause and the filing of Required Reports.
The bidder Nip Kelley Equipme�����d subcontractor ,
hereby certifies that he has x , has not , participated in a previous contract or
subcontract subject to the equal opportunity clause, as required by Executive Orders 10925,
11114,or 11246, and that he has�,has not , filed with the Joint Reporting Committee,
the Director of the Of�ice of Federal Contract Compliance,a Federal Govemment contracting
or administering agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirements.
Note: This certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by
bidders and proposed subcontractors only in connection with contracts and subcontracts
which are subject to the equal opportunity clause. Contracts and subcontracts which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only
contracts or subcontracts of$10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1)is the only report required by the Executive
Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the required
reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and
subcontracts unless such contractor submits a report covering the delinquent period or such
period specified by the Federal Highway Administration or by the Director, Office of Federal
Contract Compliance, U.S. Department of Labor.
(2) Certification with regard to intent to subcontract a portion of the work and affirmative action
to consider minority business enterprises as potential subcontractors.
• A. The bidder hereby certifies that:
C�A he does not intend to subcontract a portion of the work.
�A he does intend to subcontract a portion of the work.
(Bidder to check appropriate box.)
Submittal3
i
,
�
�
�
If in the affirmative, the bidder certifies that he has made contact with potential minority
'ousiness enterprise subcontractors to affirmatively solicit their interest,capability,and prices
on the items he intends to subcontract, and shall document the results of such contacts.
NOTE: A bidder's failure to submit this certification or submission of a false certification
shall render his bid nonresponsive.
B. If the Contractor requests permission to sublet work, and has not done so during the
bidding stage, he shall take the affirmative actions required of bidders in Paragraph
A. No subletting will be approved unless the contractor demonstrates that he has
taken such affirmative action.
C. The contractor shall designate a liaison officer who will administer the contractor's
minority business enterprise program. The name, address, and telephone number of
_ the designated officer shall be furnished the engineer in writing upon request.
NOTE: The requirements contained herein are in accordance with the Federal Highway
Administration Federal-Aid Highway Program Manual(Transmittal 164,November 3, 1975)
Volume 6, Chapter 4, Section 1, Subsection 8, Paragraph 8c(2)(3) and(4).
c.
(Company)
By
Vince Kelley
Date: 5-13-03 �rpG; �Ant
(Title)
Submittal3
i
. ;
;
CERTIFICATION REGARDING DISBARMENT, ELIGIBILITY,
INDICTMENTS, CONVICTIONS OR CIVIL JLJDGEMENTS
The president or authorized official of bidder,under penalty of perjury under the laws of the United
States, certifies that, except as noted below,the company or any person associated therewith in the
capacity of owner,partner,director,officer,principal investigator,project director,manager, auditor
or any position involving the administration of federal funds:
is not currently under suspension, debarment voluntary exclusion, or determination of ineligibility
by any federal agency;
has not been suspended, debarred voluntarily excluded or determined ineligible by any federal
agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicated, convicted, or had a civil judgement rendered against (it) by court of
competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
(Insert Exception, if any)
**See attachment
Exceptions will not necessarily result in denial of award, but will be considered in determining
bidder responsibility. For any exception noted,indicate below to whom it applies,initiating agency,
and dates of action. Providing false information may result in criminal prosecution or administrative
sanctions.
NOTE:The above statement is part of the proposal. Signing this proposal on the signature portion
thereof shall also constitute an endorsement and execution of this certification.
BC-1
�"h ����� �c�u��.rn�nf �orrL�.any, �ne.
/` �
P. O. Box 33
41 N. Sprigg
CAPE GIRARDEAU, MO
PHONES
OFFICE 573-334-0553
FAX 573-334-2025
May 13, 2003
City of Cape Girardeau
Engineering Division
Cape Girardeau, MO 63703
RE: Insert to bid documents/River Front Trail Phase I
With regard to Nip Kelley Equipment Co., Inc., the company has not been suspended,
debarred, voluntarily excluded or determined ineligible by any federal agency within the
past three years, and does not have a deposed debarment pending, nor is the company
under any type of suspension nor determination of ineligibility at the present time. An
employee of the company, Vince Kelley, who would qualify as an offcer was indicted in
the United States Court for the Eastern District of Missouri on charges of mail fraud,
embezzlement of union benefit funds and Employee Retirement Income Security Act
reporting violations. He was found not guilty of embezzlement and ERISA violations,
but was found guilty of mail fraud. Therefore, as a result of this conviction, he was
statutorily prohibited by Section 411 of the Employee Retirement Income Security Act
(29U.S.C.1111) from serving as an administrator, fiduciary, officer, trustee, custodian,
counsel, agent, employee or representative of any employee benefit plan
�����
i
Certification Regazding Lobbying Activities: In accordance with Section 391 of Public Law 101-
121 the bidder,under penalty of perjury certifies by signing and submitting this bid or proposal,that:
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a
! Member of Congress in connection with the awarding of any federal contract, the making of any
� federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to report Lobbying,"
in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31,U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
The bidder also agrees by submitting this bid or proposal that they shall require that the
language of this certification be included in all lower tier subcontracts,which exceed$100,000 and
that all such sub-recipients shall certify and disclose accordingly.
�
BG2
p�NA�S�JMF�R�Vf
BID 841V1� �
smDs.R�lra��d�dd��:
Nip Kel�ev ,�g,�� t Ca�nv, iric
41 l�Iorth Sbriaa Street �.r.�. �
Cape Girardeau, MO 63703 "
SCI�E'CYtA[a�e asd.Idc6res�ntP+rie+c�ar,i Plmo�of 8�,esss- . . .
MPxchants Bonding (�oamanv —
2100 Fleur Drive '�"-' _ -
Des l�f�ea. IA 50321 Tel: 515-243--817i
OWNEiZ(Na�c wtd�Addrtss}: .
City of Cape Girardeau.
p.ty Hall.. 4U1 Independe�nce Street -------�-
Cape Girardeau, N� 63701 . "°"'�"�`
'�TS� � �..__Q..���._
BYD DUE I�ATE:_�,M�Y 13,,.::2003
FR0313CT fBr,fa1'D�riP#oA Iwrh_��•Q t-aca�oR1:
River Front ,Trail Phase I
l�bA'b - - - _ - -
BaNF1 NU14�BER: N/A
�A'C`E:(Not laur thaa Bid llssa Dace,i- Ma 13, 2003 "-`�_
1'Tc1iAI.SUtr�: Fiv�e Pereent of the-Amount Bid o . i
�t�/:Ctftlit/1��. n.�
.�L.`�T'�tI�QESS_; .�tHEREOF,Surtty snd Aidder �d'm,g to��a aA bouad hereb
�:o � 8 Y y,iubjec�tfl the tera�s
0
�Cmted f�c:ilie�e side 6�crea�do e�ch canse this Bid Boad t+abe duIp ex�c�itad o�its beiialf by iu
�•�+1���� ��gt�L,or repRs�iltative.
' � - . v4 . . . "
,��vp�- su��
.,:�, `,;
�;_ �r, nsct� r�tc�vTs B�mnvc cor�� �sea�.}., •,•
��dd�s Name snd Ga te Sea1 V i n c e K e l l e y ��rs Name and Cozporarc S�aI °'`��`' � "i ��"'-�.
• President � •";<��'` . 'J��r�;
S Y��-- " �-----�.s.�. -- � B� �t--J �'�--� 1 I,` -
sgua d Ti a _
� Sig�oa,t�u,�artd'[l'tle(Atiach Pow�r ofAttoruey)
�. Donald L. Wasoba Att ey-i Fact .
A�� -�� �— � Witness:
Si 'Istie Fra Myers � :Sfgm�t�me e �� , _
Se retary � •
NO'I� (1) Abnve�ar+e W be used fod�S��fi�t�notio�_
(2) AaY sin�'�ef=r�ce�a Bid�r,S�a�eiY,t3waec or other party�all ba oo�sidered plmal wbrre
apptIcaltt�.
�` �' _ . ?�- ":tp22
r��"-J
I. HidA�r aad Smety�lointlY a��vaaBY.bitd themectrp,� � 8������
�.Z�.ad�y�sertasors�Q+�sips� � P�crf sqY�pP�bk
Owasr upqa det�ulc of aidda tbe p��t sua��et fa�ti►ca� �'�'t�dre p�vritioo atcti4�es4eo al���t6e
of thti Bond. �+�a dffiis Bond tfat is not tn e�nttax t�rewitb shalt
oaatin�.c iW�au 2bscc�d cffcct.
2. ikfautt of8iddc�rbalt oecur upoa�he fsilure ofBiddtr ta I l. Thc[amf"bsd"ss�md �
deLva wi�►ia che�im�ccqu;r�ap�e Bi�dia3 Donq,�t�e �i4 iocludea�bid.oRa or pivposal
«eautcd n�ee*,�tt rcQ�d++rA by the Hidds�Docmeeoc�wM u��r.
Aerfrnmatice nnd paYrtxnr bo+ids �
[CGuired by tlt!Biddi�
Donumu�a ar.d Conmcc Dna,moQts.
� Tbis obtigation shatl 6c�p�t and roid i C'
3.1 Ow�nu kc�p�gidderS bid aqd Biddtr dcijycrs w;1},m
che amc tpq+►ircd bY We Bidd'ma Documena(or sny
extauioa s4�enf��to ua weien8�r 4+oma3 e�e
extxutCd Agetment etiq,d,��,��•�
documrns u�d�tY P�'am�ena and paYt�ntbonds
*rquircd by che Bidd;ug(}ocameae�an�,+Caawct
Qecuaxnc�.ot
3.2 Ai16iQs are rcjected hv pw��;or
3 3 O.rner taits ca issue a aoticx of saard m$dda widoa .
thc ti�specificd i[t 1be Sid�diag Doeviae�(at st►y
ex�eneian tbanot�gra�d co ia w�is8 bY B�dCt md,if
sAPticablc,cawantod[o bY S�Y�fien stqai�eed by
pa*�Ph 5 haeof�
4. Paycnent tuida this Houd wilt be due and pr�ble upon defaut!
of Biddet md w�in 3p���.�yS ahw cett�pt by���
s►aety of wntcu�natict of detault fm,�Ow�et:wt�ieh naiice w,�I
6r giyen with rr.asonahk IK°'nF�.�a this Sa�d md
��icct atod rnciudiDg�st�CcmeAt Gf We amoua�due.
5. Surety t�ivr3 noticc of and uny and aII defcAsq I�sed en oF
ansing a.�c��y a���loa ta issuo aoEict of awmd�re�d pa
IR W[1LIqb*�r Qyyll!!OIId 81d��f7i p!(�Ol)�iC t�lc GtAQ t6f ttittNt$
nouce of awerd includiag eXw�ciors ai�sit not ia ti�c aggrtpp�
�xcae t20 d�ys Fmm�ed Daa Dutc wi�hnur 5�ttys miam
conseo�
6. No nuit or actioo�h�1y 6e c�mk�d uedct thty$p�Id ptipr�p
30 caleridar driys aiter tpG ppq�e uf dcrault tequired iR passgraph 4
anovo is reeei.�d by Bid�r pnd S+uay,and ia no csse la[t�ehan
one ypv��H��j�to.
7. My suit ar actinn under ihic Bond sl►att 6a oonmac�vnly in
�cou�t of competenc)�sdiccion located ia��xtc;n vvh;���
PcaJ�ct iy�looated,
B. Noticc ecqui►�bereundtr:yfiaii be in wr�tit�srid stnt rv�iddcr
and Surciy ac rheir eespeeiivc�►ddrasts yhown oa rhe facc of this
8ona. Sush noflcts msy be acnt bY l��at det�very.commee+ci�1
oowier or hy United Spues Psg+coetcd or Ce�SW Maif.reuaFt re-
ccipt requtis�S.Poy�P«`Asl�f.ar,d�1 be d�tl++ed m be
r_tYocmFe upos rzesi�by tLc psr�y eooaenoc.d,
Q. SUf'6ty ShR�I C�4LG tn b6 iiLiCl�GcT{V lt!!S HOi2Q 0 CYIfYCGi tIId
cfY�ctire Powu of AHomyy eyideaeing tEu wt�;q,of tlie n�'ua,
egeat or�urbaaati�c w�o axtcu�ed tEas 8oad au bdntfof Surety
�o s�cecutq�cat and detiva such Band wd bind ihc S�ty tL�nby.
1 Q. 'll�ia�ond ia iraa�dcd w cavform oo sii appliabk ammtory .
roquvvnrna- AnYl+PPlia6i�requistia�atefmy+R�pticaWo �cp�����'r��ua�. '
7tiW t!thAl ha7 bCia O[7uueQ�'Ot71 dtl6�i0lld ih/1!hG�f0l+�tb 6e `�`k��'�V �;��•.��i��%�
inctudcd ltoc+ein ac if ut fhtth at kngth. It*nY P�'�'�so++of t,�e �ti�` • •••••• '��'+'�:.,,
<� -�,`?4$+'�.^,� f
�xroct�.�9�aeac��ssn�a,�o�,� $B.�`_= `Y� ��Y*v'.
" '`"` ,.--
_ `, .o p,:�,��
;�,�r , , >
���f����r�`�,�-:ooneu��'�� ��� ,.
. �. . 5 ->. r. :
. F,�,p,���.%L���::A,��lpHe�4v`e'�`
�
Merchants Bonding Company
���
POWER OF ATTORNEY B0"d N°• N�A
Know All Persons By These Presents,tliat the MERCHANTS BONOING COAAPAFtY(MUTUAL),a corporaUon duly organized u�der
the laws of fhe State of lowa,and havaig iRs pri�cipal otfice in the City ot Des Moines,Courdy of Polk,State of lowa,hath made,
constituted and appointed.and does by these prese�ts make.�ute arx!appoint
Donald L.Wasoba
of St.Peters and State of Missouri its hue and lawful Attomey-in-Fad,with Tull power
and authority hereby conferred in its name,place and stead,to sign,execute,admowledge and deliver in its behalf as surety any
and a�l bonds,undertaldngs,reoognizances or other written o6ligations in the�ture thereof,subject to the limitation that any such
instrument shall not exceed the a�t of
ONE MII.LION($1,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUALj thereby as fuily and to the same exterrt as if such bond or
undeRaidng was signed by the duly authorized officers of the MERCHAKfS BONDING COMPANY(MUTUAL),and ali the acts of
said Attomey-i�-Fad,pursuant to the authority herein given,are hereby retified and confirmed.
This Powerof-Attomey is made and exec�Aed putsuarrt to and by aufhority of the foilowing Amended Substituted a�d Restated By-
Laws adopted by the Boarcl of Direc�s of fhe MERCHANTS BONOING COMPANY(MUTUAL)on Noverr�er 16,2002.
ARTiCLE 11,SECTtON 8-The Chaimwn of the Board or Presided or any Y�oe Presidert or Sec�ary shall have power and
authority to appoirrt Attomeys-irrFact,atid to atRtw�ize them to execute on behalf of ifie Company,and attach She Seal of the
Cornpany thereto,bonds and undertaldrgs,recognizanoes,cor�racts of indenrdtY and other writings ob��gatory in the nature
thereof.
ARTICLE il,SECTION 9-The signature of any autt�ized officer and the Seal of the Company may be atPoced by lacsimile
to arry Pow�er of Attomey or Certification thereof authorizing the executan and delivery of arry bond, undertakirg,
recognizance,or otlier suretyship obiigations of the Company,and such sig�hue and seal when so used shall have the
same force a�d effect as thotgh mani.raNy foced.
1�V�itr�ess 1Mieceof,MERCHANTS BONDING COMPANY(MUTUAL)has caused tt�e presettts to be sgned by its President and
its corporate seai to be hereto affuced,this ist day of January,2003.
.••'"-••.
���\NG_CO�A�� MERCHANTS BONDING COMPANY(MUTUAL)
;�O,.DEiPQ9'•.9y�
• V '�i�:.c•
:�:� -o- �'� :
y 1933 �'c: sy �
:J�;. ... �'�C� �
��,��..'�.•`��� P�esldent
STATEOFIOWA ��••••••'
COUNTY OF POLK ss.
On this 1 st day of January,2003,before me appeared Larry Taylor,to me personaily known,who being by me dulyswvrn did say that
he is President of the MERCHANTS 80NDING COMPANY(MUTt1AL),ihe corporatioo descnbed in the foregoing insttument,and that the
Seal affaed to the said instrvrt�ent is the Cwporate Seal of the said Corporafan and that the said instrument was signed and sealed in behaif
of said Corporation by aW�ority of its Board of Diredors.
In TesUmony Whereof,1 have hereunto set rtry hand and affixed my Official Seal at the Cily of Des Moines,bwa,the day and year first
above written.
�
�i MARILYN BOYD
� Commissio�Number 100l2
:�� My Comnrssion�res
November 4,2004 N�,p�y� q�rk Courty,lowe
STATE OF IOWA
COUNTY OF POLK ss.
1, Witliam Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTU/►t.),do hereby certify that the above and forepoing
is a true and coRect copy of the POWER-0F,ATTORNEY executed by said MERCFVWTS BONDING COMPANY(MUTUAL),which is
still in fuq fwce and effect and has not been amended or revoked.
In Witness V1�he�eof,i have hereunto set my hand and��t'ix�!'the�l of the Company on this 13tYT�aY�t May, 2��3»
�\� t:'l ��/�,'�
`,�•'���5'�`Y;�-�.�,fi� ',,
�;`��$1'��«�..�i,"���'�'�-==a.
�O���A9 4� � � �.�G�� 7�
� �: : .e.. a���,
:-�.�,,�.� �4'�e!��•
zi "P� -,.Q.>: ._ �. Secretary
`,.�,,. lS�s ..�``
�rL .r�\ X ��► �`�;��.,�:.�.
!
MSC 0814(2/03) c'�1�,4,,��`""°°��'',
�"�
"'��+a�a���oec���`°��
i �
October 1988 Sheet 1 of 5 Part A
DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS
PART A
POLICY
It is the policy of the U.S.Department of Transportation and the Missouri Highway and Transportation Department that businesses
owned by socially and economically disadvantaged individuals(DBE's)as defined in 49 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently,the requirements of
� ' 49 CFR Part 23,and Section 106(c)of the Surface Transportation and Uniform Relocation Assistance Act of 1987 apply to this
' contract.
OBLIGATION OF THE CONTRACTOR TO DBE'S
The contractor agrees to insure that DBE's have the maximum opportunity to participate in the performance of this contract and any
subcontract financed in whole or in part with Federal funds. In this regard the contractor shall take all necessary and reasonable steps
to insure that DBE's have the maximum opportunity to compete for and perform contracts. The contractor shall not discriminate on
the basis of race,color,age,national origin,or sex in the perfomiance of this contract or in the award of any subsequent subcontract.
BANKING SERVICES
The contractor is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged
individuals.
GEOGRAPHIC AREA FOR SOLICITATION OF DBE'S
The contractor shall seek DBE's in the same geographic area in which the solicitation for subcontracts and materials is made. If the
contractor cannot meet the goals using the DBE's from this geographic area,the contractor shall as a part of the effort to meet the
goal,expand the seazch to a reasonable wider geographic area.
DETERMINATION OF PARTICIPATION TOWARD MEETING THE DBE GOAL
DBE participation shall be counted toward meeting the goal as follows:
a. Once a firm is determined to be an eligible DBE,the total dollar value of the contract or subcontract awarded to the DBE
is counted toward the goal.
b. The contractor may count toward the DBE goal a portion of the total dollar value of a subcontract with a joint venture
eligible under the DBE standards equal to the percentage of the ownership and controls of the DBE partner in the joint
venture.
c. The contractor may count towud the DBE goal,expenditures to DBE's who perform a commercially useful function in
the contact. A DBE is considered to perform a commercially useful function when responsible for execution of a distinct
element of the work of a contract and the carrying out of the responsibilities by actually performing, managing, and
supervising the work involved.
d. The contractor may count toward the DBE goals 60 percent of its expenditures for materials and supplies required under
contract and obtained from a DBE regular dealer,and 100 percent of such expenditures to a DBE manufacturer.
r�-��
Sheet 2 of 5 Part A
(1) A regular dealer is a firm that owns,operates,or maintains a store, warehouse or other establishment
in which the materials or supplies required for the performance of the contract are bought,kept in
stock,and regularly sold to the public in the usual course of business. To be a regulaz dealer,the firm
must engage in,as its principal business,and in its own name,the purchase and sale of products in
question.
(2) A regular dealer in such bulk items as steel,cement,gravel,stone and petroleum products need not
keep such products in stock,if it owns or operates distribution equipment. Brokers and packagers shall
not be regarded as manufacturers or regular dealers within the meaning of this section(i.e.,a truck
hauler is a regular dealer when the firms own,operate,and maintain or leases,operate and maintain
the distribution equipment for the delivery of the above products to the public in the usual course of
business. Ad hoc performance for one contractor or select group of contractors does not qualify as a
regular dealer).
(3) A manufacturer is a firm that operates or maintains a factory or establishment that produces on the
premises the materials,or supplies obtained by the contractor(i.e.,a supplier who produces goods
from raw materials or substantially alters them before resale).
e. A contractor may count toward the DBE goals the following expenditures to DBE firms that are not regular
dealers or manufacturers:
(1) The fees charged for delivery of materials and supplies required on a job site(but not the cost of the
materials and supplies themselves)when the hauler, or trucker is not also the manufacturer of or a
regular dealer in the materials and supplies, provided that the fee is determined by the Missouri
Highway and Transportation Department to be reasonable as compared with fees customarily allowed
for similar services.
GOAL FOR THE AMOUNT OF WORK TO BE AWARDED TO DBE'S
The following goal has been established for this contract. The dollar value of work, supplies, and services will be based on the
amount anticipated to be paid to DBE's. For firms owned and controlled by socially and economically disadvantaged individuals
(DBE's)the goal for the amount of work to be awarded is 0% of the total contract price.
Failure to meet the contract goal or to fumish documentation acceptable to the Commission of efforts to meet this goal may be cause
for rejection of the bid.
REPLACEMENT OF DBE SUBCONTRACTORS
The contractor shall make good faith efforts to replace a DBE subcontractor who is unable to perform satisfactorily with another DBE
subcontractor. Replacement firms must be approved by the MHTD.
�'�'�-�n
Sheet 3 of 5 Part A
DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET THE DBE CONTRACT GOAL
Good faith efforts to meet the DBE goal may include such items as,but are not limited to the following:
(1) Attended a pre-bid meeting, if any, scheduled by the Department to inform DBE's of contracting and subcontracting
opportunities.
(2) Advertised in general circulation trade association and socially and economically disadvantaged business directed media
concerning the subcontracting opportunities.
, ' (3) Provided written notice to a reasonable number of specific DBE's that their interest in the contract is solicited,in sufficient
time to allow the DBE's to participate effectively.
(4) Followed-up on initial solicitations of interest by contacting DBE's to determine with certainty whether the DBE's were
interested.
(5) Selected portions of the work to be performed by DBE's in order to increase the likelihood of ineeting the DBE goal
(including,where appropriate,breaking down contracts into economically feasible units to facilitate DBE participation).
(6) Provided interested DBE's adequate information about plans,specifications and requirements of the contract.
(7) Negotiated in good faith with interested DBE's,not rejecting DBE's as unqualified without sound reasons based on a
thorough investigation of their capabilities.
(8) Made efforts to assist interested DBE's in obtaining bonding,lines of credit or insurance required by the Deparhnent or
by the bidder.
(9) Made effective use of the services of available disadvantaged business organizations,minority contractor's groups;local,
state and Federal disadvantaged business assistance offices; and other organizations that provide assistance in the
recruitrnent and placement of DBE's.
The undersigned certifies that the following steps have been taken to obtain DBE participation:
1.
2.
3.
4.
5.
6.
7.
8.
F�-21
Sheet 4 of 5 Part A
SPECIALTY ITEM
Subcontract work awarded to DBE subcontractors not to exceed the amount specified in the proposal or the amount designated in
the contract by the contractor whichever is less and not to exceed a total of 20°/a of the contract will be considered specialty items
under the provisions of Sec 108.1.1.
VERIFICATION OF DBE PARTICIPATION
Prior to release of retained percentage,the contractor shall file a list with the Commission showing the DBE's used and the work
performed. The list shall show the actual dollar amoun: paid to each DBE that is applicable to the percentage participation
established in the contract. Failure on the part of the contractor to achieve the DBE participation specified in the contract may result
in sanctions being imposed on the Department for noncompliance with Section 49 CFR,Part 23,and Section 106(c)of the Surface
Transpo�tation and Uniform Relocation Assistance Act of 1987. If the total DBE participation is less than the contract goal stated
by the Commission,the Commission may sustain damages,the exact extent of which would be difficult or impossible to ascertain
and therefore in order to liquidate such damages,the monetary difference between the amount of the goal stated by the Commission
and the amount actually paid to the DBE's for performing a commercially useful function will be deducted from the contractor's
payments as liquidated damages. If the contract is awarded with less than the contract goal stated by the Commission,that amount
shall become the contract goal and shall be used to detemune liquidated damages. No such deduction will be made when,for reasons
beyond control of the contractor,the stated DBE participation is not met.
BIDDING PROCEDURE
T'he bidder shall complete the information required under Part A and submit with the bid proposal. Failure to submit the completed
Part A with the bid proposal may be cause for rejection of the bid. Part B shall be completed and submitted with the bid proposal
or delivered by the low and second low bidder within three working days after the letting date. No extension of time will be allowed
for any reason.
Failure to deliver the completed and executed Part B shown DBE participation of not less than that specified by the bidder in Part
A by 5:00 p.m.on the third working day after the Letting will be cause for rejection of the low bid and the proposal guaranty will
become the property of the Commission. The proposal guaranty of the second low bidder will be retained under the same conditions
until the Commission has determined that the award will not be made to the second low bidder.
If Part B is not submitted with the bid, it shall be delivered directly to the City of Cape Girardeau, Engineering Division,401
Independence Street,Cape Girardeau,Missouri.
FA-22
1 �
� �
� Sheet 5 of 5 Part A
! PARTICIPATION BY DBE'S(MUST COMPLETE AND SUBMIT WITH PROPOSAL)
? The bidder agrees to utilize DBE's as follows:
DBE PARTICIPATION �%OF TOTAL CONTRACT
/I!: �e l� F. � ,��v ���
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Date: U'����� (Title)
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A��f�D CERTIFICATE OF LIABILITY INSURAN�E DATE�MM/DD/YYYY)
PRODUCER �6�16�20�3
(573)335-2300 F� (573)335-0117 THIS CERTIFICATE I SUED AS A MATTER OF INFORMATION
Capital Insurance & Associates ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CER71F1CATE DOES NOT AMEND,EXTEND OR
326 South Broadvi ew ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1779
Cape Gi rardeau, MO 63703 INSURERS AFFORDING COVERAGE NAIC#
INSURED Nip Kelley Equipment Co Inc iNsuRERA: STATE AUTO INS. C0.
P.O. Box 33 iNsuReRa: MISSOURI EMPLOYERS MUTUAL INS.
Cape Girardeau, MO 63702-0033 INSURERC:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AF�QRDED SY THE POLICIES DESCP.IB�D HERE!N IS SUBJECT TO ALL THE 7�RMS,EXCLUSIONS AND CONDiTIOyS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR NPE OF INSURANCE POLICY NUMBER DATE MM/OD/YY DATE MM/DD/YY LIMITS
GENERAILIABILITY TBD 05/23/2003 OS/23/2004 EACHOCCURRENCE $
1���0��
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ IOOOOO
CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5000
A X PERSONAL 8 ADV INJURY $ IOOOOOO
GENERAL AGGREGATE $ ZOOOOOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ ZOOOOOO
POLICY PRO-
X JECT LOC
AUTOMOBILE LIABIL�TY TBD 05/23/2003 05/23/2004 COMBINED SINGLE LIMIT $
X ANY AUTO (Ea accident) 1'000'000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
A HIRED AUTOS BODILY INJURY
NON-OWNEDAUTOS (Peraccident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY TBD 05/23/2003 05/23/2004 �CH OCCURRENCE $ 2��00�000
X OCCUR �CLAIMS MADE AGGREGATE $
A a
DEDUCTIBLE $
RETENTION $ $
WORKERSCOMPENSATIONAND 509977 �6��5�2��1
EMPLOYERS'LIABILITY TORY LIMITS ER
E.L.EACH ACCIDENT $
B ANY PROPRIETOR/PARTNEWEXECUTIVE OOO
OFFICEWMEMBER EXCLUDED?
E.L.DISEASE-EA EMPLOYE $ IOOOO
If yes,descnbe under
SPECIAI PROVISIONS below E.L.DISEASE-POLICY LIMIT $ SOOOO
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
OB: River Front Trail Phase I
ertificate Holder is shown as Additional Insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRA710N DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
�_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Cl tY of Cape Gi rardeau BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
401 Independence St reet OF ANY KIND UPON THE�NSURER,ITS AGENTS OR REPRESENTAT�VES.
Cape Girardeau, MO 63701 AUTHORIZEDREPRESENTATIVE
Lo Welker
ACORD 25(2001/08) FAX: 335-7946 OACORD CORPORATION 1988
�� �
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsemen:.A statement o�this certificate doas not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08)
.
THE AMERICAN INSTITUTE QF ARCHITECTS
AIA Document A312 BOND N0. MOC 4420
Performance Bond
My srn�ular retenence to C�tractor,SuretY.Owner or odur party shafl be co�ed P�wat wheoe aQpCrcable. .
CONTRACfOR tName a�d A�Idress): SUREIY tName and Princi I Place of Business):
Nip Kelley Equipment Coa�pany. Inc• Merchants Honding C��npany
41 North S�rigg Street 2100 Fluer Driv�e
Cape Girardeau, MO 63701 Des Moines, IA 50321
Tel: (515) 243-8171
OWNER tName ar�d Address):
City of Cape Girardeau
City Hall
401 Independence Street
Cape Girardeau, 1� 63701
C�NTSTRUCTION CONTRACT
o�:��,�iq,a«�3
1lmount: $419,822.59
Description(Name and Loca�on): Rivpx Front Trail Phase I, TEA-21 Enhance�ent
Funds STP-1500(009)
BOND
Oate iNot eariier than Con�nxtion Contract Date>: S urw l9�a►�3
Amount: �419,822.59
Modifications to this Bond: C� Mo�e � See P�3
CONTRACTOR AS PRINC PAL SURETY
Cp�ny: (C �rporate Seat? Company: (����1)
NIP � �Y. INC. MERGHANTS ING CO�hII'ANY
- e,,,,o.tR � �/� -
$i�twre. ,��` � Signature: -``"-
. M,�ean��tle:-vi�een • Ke ey, President Name and Title: �ld L. Waso�� - _ �
:• s� Attorney-in-Fa� ,
(�y`idd►f�orial signaturesappearon page 3) �nd Si�ed and seal'ed this 13th day cSf J't�ne, 2003
But left undated at the request of the obli�ee.
IFOR INF�I2MATION ONLY—Name,Address and Telephone) ����
AGENT or BRQKER: OWNER'S REf'RESENTATNE(Arct+itect,Eng'
Gateway Surety party): ..
22 Avocado Tree Circle
St. Peters, MO 63376
(314) 374-0589
�u►oocu�rr wsis•PERfORMANCE BOND AND PAYMENT BONO•DECEM_BER 1984 ED.•�un• A312-1984 7
THE AMERtGN INSTITIJTE OF ARCHITfCTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 2000G
1 The Contractor and the Surety,jointly and severally,bind .t After investigation, determine the amount for
themselves, their heirs, executors, administrators, succes- which it may be Gable to the Owner and;as soon as
sors and assigns to the Owner for the performance of the practible after the amount is determined, tender
Construdion Contract, which is incorporated herein by payment therefor to the Owner;or
reference.
.2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contrad,the �ner citing reasons therefor.
Surety and the Contrador shall have no obligation under this S If the Surety does not proceed as provided in Paragraph 4
Bo�d, except to participate in conferences as provided in with reasonable prompt�ess,the Surety shall be deemed to
Subparagraph 3.1. be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
3 If there is no Ow�er Default,the Surety's abligation under demanding that the Surety perform its obligatio�s under this
this Bond sfiall arise after: Bond,and the Owner shall be entitled to e�force any remedy
available to the Owner.lf the Surety proceeds as provided in
3.1 The Owner has notified the Contractor and the Subparagraph 4.4, and the Owner refuses the payment
Surety at its address described in Paragraph 10 below that tendered or the Surety has denied liability,in whole or in pact,
the Owrter is considering declaring a Contractor Default without further notice the Owner shal!be entitled to enforce
and has requested and attempted to arrange a conference any remedy availabte to the Ow�er.
with the Contractor and the Surety to be held not later
than fifteen days after recelpt of such notice to discuss 6 After the Owner has terminated the Contrador's right to
methods of performing the Constructio�Contract.If the �omplete the Construction Contract,and if the Surety elects
Owner,the Contractor and the Surety agree,the Contrac- to ad under Subparagraph 4.1,4.2, or 43 above, then the
tor shall be allowed a reaso�able time to perform the responsibitities of the Surety to the Owner shall not be
Construction Contract, but such an agreem�nt shall not greater than those of the Contractor under the Construdion
waive the Owner s right,if any,subsequently to declare a Contract,and the responsibilities of the Owner to the Surery
Contractor Default;and shall not be greater than those of the Owner under the
3.2 The Owner has dectared a Contractor Default and Constructio� Contract. To the limit of the amount of this
formaliy terminated the Contrador's right to complete the Bond, but subject to commitment by the Owner of the
contract. Such Contractor Default shall not be declared Balance of the Contract Price to mitigation of costs and
earlier than twenty days after the Cont�ador and the damages on the Construction Contract, the Surery is ob-
Surety have received notice as provided in Subparagraph ligated without duptication for:
3.�;and
6.1 The responsibilities of the Contractor for correc�ion
3.3 The Owner has agreed to pay the Balance of the of defective work and completion of the Construction
Contrad Price to the Surety in accordance with the terms Contract;
of the Construdion Contract or to a contrador selected to 6.2 Additiona{legal,design professional and delay costs
perfo�m the Constructio�Contract in accordancewith tfie resulting from the Contractor's Defauit, and resulting
terms of the contract with the Owner.
from the actions or faiiure to act of the Surety under
4 When the Owner has satisfied the conditions of Para- Paragraph 4;and
graph 3,the Surety shall p�omptly and at the Surety's expense
take one of the tollowing actions: 6.3 Liquidated damages,or if no liquidated damages are
specified in the Construction Contract, actual damages
4.t Arrange for the Contrador, with consent of the caused by delayed performance or non-performance of
Owner,to perform and complete the Construction Con- the Contractor.
tract;or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the
tion Contract itself, through its agents or through inde- Construction Contract,and the Balance of the Contract Price
pendent contractors;or shalt not be reduced or set off on account of any such
unrelated obligations.No right of artion shall accrue on this
4,3 Obtain bids or negotiated proposals from qualified Bond to any person or entity other than the Owner or its
contractors acceptable to the Owner for a contract for heirs,executors,administrators or successors.
performance and completion of the Construction Con-
tract,arrange for a contrad to be prepared for execution g The Surety hereby waives notice of any cha�ge,including
by the Owner and the contractor selected with the Own- changes of time, to the Construction Contract or to re{ated
er's concurrence, to be secured with performance and subcontracts,purchase orders and other obligations.
payment bonds executed by a qualified surety equivalent
to the bonds issued on the Construction Contract,and pay 9 Any proceeding,legal or equitable,under this 8ond may
to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract Price be instituted in any court of competent jurisdidion in the
incurred by the Owner resulting from the Contractor"s �ocation in which the work or part of the work is located and
default; or shall be instituted within two years after Contractor Default or
within two years aher the Contractor ceased working or
4.4 Waive its right to perform and compfete,arrange for within two years aher the Surety refuses or fails toEperform its
completion, or obtain a new contractor and with rea- obligations under this Bond, whichever occurs first. If the
sonable promptness under the circumstances: provisions of this Pa�ag�aph are void or prohibited by law,the
AIA DOCUMENT A31T• PERFORMANCE BOND Ah0 PAYMENT 80ND• DECEMBER 1984 ED. •AIA Q±+
TME AMERICAtv Itv5T17UTE Of ARCHITECTS. 1735 NEW YORK AVE., N.W., 1NA5HINC;TON. U.C. 2(�16 A312-1984 Z
minimum period of limitation available to sureties as a struction Contrad after all proper adjustments have been
defense in the jursidiction of ihe suit shall be applicable. made, including allowance to the Contraaor of any
amounts received or to be received by the Owner in
10 Notice to the Surety,the Owner or the Contractor shali sett{ement of insurance or other claims fo�damages to
be mailed or delivefed to the address shown on the signature which the Contractor is entitled,reduced by all valid and
page. proper payments made to or o�behalf of the Contractor
under the Construdion Contract.
11 When this Bond has been fumished to rnmply with a �Z.2 Construction Contrad: The agreement between
statutory or other legal requirement in the location where the the Owner and the Contrador identified on the signature
constructio�was to be perfom►ed,any provision in this Bo�d page, induding a!I Contract Documents and changes
conflicting with said statutory or iegal requirement shall be thereto.
deemed deleted herefrom and provisions conforming to
such statutory or other fegal requirement shall be deemed 123 Contractor Default: Failure of the Contractor,
inrnrporated herein. The intent is that this Bond shall be which has neither been remedied nor waived,to perform
construed as a statutory bond and not as a common law or otherwise to comply with tfie terms of the Construction
� bond. Contrad.
12a{ Ow�er Defauh: Failure of the Owner, which has
12 DEfIN(TIONS neither been remedied�or waived,to pay the Contractor
12.1 Balance of the Contract Price: The total amount as required by the Construction Contrad o�to perform
payable by the Owrier to the Co�tractor under the Can- and complete or comply with the otfier terms thereof.
MODIFIGTIONS TO THIS BOND ARE AS FOLLOWS: None
(Space is provided below for additional signatures of added parties,other than ihose appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETt'
Company: SCorporate Seal) Company: (Corporate Seal1
Signature: N�`� Signature: N/A ,
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA �
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 IVEW YORK AVE., N.W„ WASHINGTON, O.G 20006 A312•1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
� �
AlA Document A312 BOND NO. MOC 4420
Payment Bond
My singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicabie.
CONTRACTOR(Name and Address): SURETY(Name and Principai Place of Business):
Nip Kelley Equipment Company, Inc. Merchants Bonding Company, Inc.
41 North Sprigg Street 2100 Fleur Drive
Cape Girardeau, MO 63701 Des Moines, IA 50321
Tel: (515) 243-8171
OWNER(Name and Address):
City of Cape Girardea�
City Hall
401 Tndependence Street
Cape Girardeau, MO 63701
CONTSTRUCTION CONTRACT
Date: Ji�.v►.e.19,'d0��
Amount: �419,822.59
Description(Name and location): River Front '�rail Phase I, TEA-21 Enhancement
�Np ds STP-1500(009)
Date{Not earlier than Construction Contract Date): ��'L1, 19,a,003
A�Oi1�: $419,822.59
Ivlodifitations t+�this Bond: �1 None ❑ See Page 6
CONTRA�T'OR AS PRlNCIPAL SURETY
;C-orr►par`�!�. _ (Corporate Seal) Company: (Corporate SeaD
NTP KELL 0 �,NY, INC. MERCHANTS ING COMPANY
Signature: Signature: ��'u"� �� � -
Name and Tit1e: Vincent L. K_ ey, President Name and Titie: �nald L. Wasoba
Attorney-in-Fact
(Any additional signatures appear on page 6) �nd signed and sealed this 13th day of June, 2003
(FOR/NfORMATlON ONIY—Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATNE(Architect, Engineer or other
Gateway Surety party):
22 Avocado Tree Carcle
St. Peters, MO 63376
(314)374-0589
AIA DOCUMENT A312•PERFORMANCE BQNR AND PAYMENT BOND•DECEMBER 1984 ED. •AIA•
THE AMERKAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A3�2-��}$4 4
1 The Contractor and the Surery,jointly and severaily,bind 6 When the Ciaimant has satisfied the conditions of Para-
themselves, their heirs, executors, administreto�s, succes- graph 4,the Surety shall promptly and at the Surety's expense
sors and assigns to the Owner to pay for labor,materials and take the following actions:
equipment fu�nished for use in the performance of the .
Construction Contract, which is incorporated herein by 6•� Send an answer to the Claimant,with a copy to the
reference. Owner,within 45 days after receipt of the claim,stating the
amounts that are undisputed and the basis for challe�ging
2 Wtth respect to the Owner, this obligation shall be null any amounts that are disputed.
and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly,for amounts.
all sums due Claimants,and
7 The Surety's total obligation shall not exceed the amount
2.2 Defends,indemnifies and holds harmless the Owner of this Bond,and the amount of this Bond shall be credited
from all claims,dema�ds,liens or suits by any person or for any payments made in good faith by the Surety.
entity who furnished labor,materials or equipment for use
in the pe�formance of the Construction Contrad, pro- 8 Amounts owed by the Owner to the Contrador under the
vided the Uwnerhas promptly notified the Contractorand Construction Contrad shall be used for the performance of
the Surety(at the address described i� Paragraph 12?of the Constructio�Contract and to satisfy claims,if any,under
any claims,demands,liens or suits and tendered defense any Construction Performance Bond. By the Contractor
of such claims,demands,tie�s or suits to the Contractor furnishing and the Owner accepting this Bond, they agree
and the Surery,and provided there is no Owner Default. that all fu�ds earned by the Contrador i�the performance of
3 With respect to Claimants,this obligation shall be null a�d the Construction Contract are dedicated to satisfy obligations
void if the Contrador promptly makes payment,directty or of the Contrador and the Surety under this Bo�d,subject to
indirectly,tor all sums due. the Owner s priority to use the funds for the completion of
the work.
4 The Surety shall have no obligation to Claimants under
this Bond until: 9 The Surety shall not be liable to the Owner,Claimants or
others for obligations of the Contractor that are unrelated to
4.1 Claimants who are employed by or have a direct the Construction Contract.The Owner shall not be liabte for
contract with the Contractor have given notice to the payment of any costs or expenses of any Claimant under this
Surery(at the address described in Paragraph i2)and sent Bond,and shall have under this Bond no obligations to make
a copy,or notice thereof,to the Om�er,stating that a cfaim paymeMs to, give notices on behalf of, or otfierrvise have
is being made under this Bond and, with substantial obligations to Claimants under this Bond.
accuracy,the amount of the claim. •
4.2 C{aimants who do not have a direct contract with the �0 The Surety hereby waives notice of any cha�ge,includ-
Contractor: ing changes of time, to the Construction Contrad or to
related subcontracts,purchase orders and other obligations.
.1 Have furnished written notice to the Contractor
and sent a copy,or notice thereof,to the Owner, �1 No suit or action shall be commenced by a Claimant
within 90 days after having tast performed labor or under this Bond other than in a court of competent jurisdic-
last furnished materials or equipment included in tion in the location in which the work or part of the work is
the claim stating, with substantial accuracy, the located orafterthe expiration of one year from the date(1)on
amount of the claim and the name of the party io which the Claimant gave the notice required by Subpara-
whom the materials were furnished or supplied or graph 4.1 or Clause 4.2(iii),or(2)on which the last labor or
for whom the labor was done or pe�formed;and service was performed by anyone or the last materials or
.2 Have either received a rejection in whole or in part equipment were furnished by anyone unde�the Construc-
from the Contractor,or not reteived within 30days tion Contract, whichever of (�) or (2) first occurs. If the
of furnishing the above notice any communication provisions of this Paragraph ate void or prohibited by law,the
from the Contrador by which the Contractor has minimum period of limitation available to sureties as a
indicated the claim will be paid directtyor indirect- defense in the jurisdiction of the suit shall be applicable.
ly;and
.3 Not having been paid within the above 30 days, 12 Notice to the Surery,the Owner or the Contractor shall
have sent a written notice to the Surety (at the be mailed or delivered to the address shown on the signature
address described in Paragraph 12)and sent a copy, Page. Actuat receipt of notice by Surety, the Owner or the
or notice thereof,to the Owner,stating that a claim Contractor, however accomplished, shall be sufficient com-
is being made under this Bond and enclosing a P��ance as of the date received at the address shown on.the
copy of the previous written notice fumished to signature page.
the Contradar.
13 When this Bond has been furnished to compiy with a
5 tf a notice required by Paragraph 4 is given by the Owner statutory or other legal requirement i n the location where tfie
to the Contractor or to the Surety,that is sufficient compli- construction was to be performed,any provision in'this Bond
ance. conflicting with said statutory or legal requirement shall be
AIA DOCUMENT A312• PERFORMANCE BOND AIVD PAYMENT BOND• DECEMBER 1984 ED. •A1A �
THE AMERICAN IIVSTITVTE OF ARCHITER$, 1735 NEW YORK AVE., N.W., WASHINGTOtV, D.C. 20006 A312-1984 S
deemed deleted herefrom and provisions conforming to "labor, materials or equipment" that part of water, gas,
such statutory or other legat requirement shall be deemed power, light, heat, oil, gasoline, telephone service or
incorporated herein. The inte�t is that this Bond shall be rental equipment used in the Construction Contract,
construed as a statutory bond and not as a mmmon law architectural and engineering services required for perfor-
bond. mance of the w�ork of the Contracto�and the Contractor's
suboontracton,and aH othe�items fvr which a mechanic's
14 Upon�equest by any person or entity appearing to be a lien may be asserted in the jurisdidion where the labor,
potential bene�ciary of this Bo�d, the Contractor shall materiais or equipment were fumished.
�mmap�fumish a copy of this Bond or shall permit a rnQy to �S,Z Construction Contract• The agneement between
the Owner and the Contractor identifted on the signature
15 DEFINRIONS page, induding all Contract Documenls antf changes
thereto.
15.1 Claimant: An individual or entity having a direct 153 Owne�Default• Failure of the Owner, which has
contratt with the Contractor or with a subcontractor of the neither been remedied nor waived,to pay the Contractor
Contractor to fumish labor, materials or equipment for as reyuired by the Construction Contract or to perform
use in the performance of the Contrect.The intent of this and complete or comply with the other terms thereof.
Bond shall be to include without limitation in the terms
MUDIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sea!) Company: (Corporate Seal)
Signature:NlA Signature: N/A
Name and Title: Name and Title:
Address: Address:
AIA QOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DfCEMBER 1984 EO. •AIA�
THE AMERIGN IN57RUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WA$HINCTON, O.C. 2000G A3�Z-�9S4 G
Merchants Bonding Company
(Mutual)
POWER UF ATTORNEY �nd No. MOC 4420
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporetion duly organized under
the laws of tl�e State of lowa,and having its principal office in the City of Des Moines,Courrty of Polk,State of lowa,hath made,
constituted and appointed,and does by these presents make,constitute and appoint
Donald L.Wasoba
of St.Peters and State of Missouri its true and lawful Attomey-in-Fact,with full power
and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any
and all borxls,undertaldngs,recognizances or other written obligations in the nature thereof,subject to the limitation that any such
insttument shall not exceed the amount of:
ONE MILLION(51,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fuly and to the same extent as ff such bond or
undertaldng was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of
said Attorney-in-Fad,pursuaM to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuarrt to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING CAMPANY(MUTUAL)on November 16,2002.
ARTICLE II,SECTION 8-The Chaimian of the Board or President or arry�ce President or Secretary shall have power and
authority to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of ttie Company,and attach the Seal of the
Company thereto,bonds and undertakings,recognizances,contreds of indemnity and other writings obtigatory in the nature
thereof.
ARTICLE II,SECTION 9-The sigrrature of any authorized officer and fhe Seal of the Company may be afixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of ar�y bond, undertaking,
recognizance,or other suretyship obligations of the Comparry, and such signature and seal when so used shall have the
same force and effec�as though manually fixed.
In Wifiess Whereof,MERCHANTS BONDING CAMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 1st day of January,2003.
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�����1G COMA�� MERCHANTS BONDING COMPANY(MUTUAL)
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STATE OF IOWA ��`•�i.••� P��d�
COUNTY OF POLK ss.
On this t st day of January,2003,before me appeared Larry Taylor,to me personally knovm,who being by me duly swom did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrumeM was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof,I have hereuMo set my hand and affixed my Official Seal at the City of Des Moines,lowa,the day and year first
above written.
1
MARILYN BOYD
�� Commission Number 10012
a My Commission Expires
November 4,2004
Notary Public,Pdk County,IoNe
STATE OF IOWA
COUNTY OF POLK ss.
I, William Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certiy that tl�e above and foregoing
is a true and coRect copy of the POWER-0E-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTl1AL),which is
still in full force and effed and has not been amended or revoked. 1h
In VVitness Whereof,I have hereunto set my hand and affixed the seal of the Cort�any on this �q day of�l1►'Lt, �aQQ�,
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Power—of—Attorney sealed and ,•'�NG Cp'•.
attached to Bond this 13th ;00?ORPUqM'°;'. �/
day of �une, 2003, but lef�'y�i 9�y�: �.�%G�� 7����,
undated at the request of ;�; �933 ".c� Secretary
the obligee. �s�., �c�.
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